Scott-Law Conditions of Sale
1. All goods and services sold by Scott-Law Limited (hereinafter called “the Company”) are sold subject to these Conditions.
2. In all cases, unless otherwise agreed in writing by a director of the Company, any addition to, deletion from or variation or qualification of these Conditions shall be unenforceable.
All details, descriptions and prices in our catalogue are accurate at the time of publication. Manufacturers specifications however, do change and we therefore offer this information as a guide only – errors and omissions excepted (E&OE)
4. Variations in Quantity on Printed/Bespoke Orders
Every endeavour will be made to deliver the correct quantity ordered or printed or specially cut but orders are conditional upon margins of 10% being allowed for overs or shortages the same to be charged or deducted.
5. Quotations and Prices
All quotations of price (whether written or oral) are subject to withdrawal or amendment by the Company at any time prior to receipt by the Company of any acceptance and thereafter are subject to correction of errors at any time.
If the Company has not received an acceptance within 30 days of the date of quotation, the quotation shall deem to have lapsed.
The prices quoted by the Company’s Representatives are subject to stock availability, and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices without prior notice. In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of the goods, the Company reserves the right to adjust the contract price accordingly.
All descriptions, dimensions, particulars, weights and specifications submitted by the Company are deemed to be approximate only, as are details given in any Company catalogue, price list and advertising, and do not form part of the contract.
6. Collections and Credits
Any item delivered or ordered in error and faulty items will be collected and credited without charge. All errors should be reported within 48 hours of receipt of the goods otherwise we cannot guarantee a full credit. We reserve the right to charge a handling charge of 15% for any item returned because it is no longer required by the customer or has been ordered in error.
(a) If artwork is being supplied by the Buyer to the Seller the Buyer expressly authorises the Seller to make copies of such artwork for the purpose of fulfilling the Contract and the Buyer hereby indemnifies the Seller against all claims and costs arising out of the use by the Seller of such artwork.
(b) All descriptions, illustrations, drawings, catalogues and other particulars supplied by the Seller are copyright and may not be copied or used for any purpose.
(a) Payment for goods shall be made by cash with order unless credit terms have been arranged, in which event, payment for goods supplied under the contract shall be on the last working day of the month following the month of invoice unless otherwise stated on the face of the invoice.
(b) Credit or debit card will be accepted as payment. Credit card payments may be subject to additional banking charges.
(c) If payment of the price or any part thereof is not made by the due date, the Company shall be entitled without prior notice and without affecting other rights hereunder:- (i) to cancel or suspend delivery of any goods ordered by the Customer which have not been delivered without incurring any liability to the Customer.
(d) The Customer shall have no right of set-off in any claim it may make against the Company.
(e) The time for performance of the Customer’s obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle the Company at its option to treat the contract as repudiated by the Customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment, will immediately become due and payable.
(f) The Company shall have a right of set-off against any sums due by the Company or any of its associated companies to the Customer.
The Company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions; but any specified time of delivery shall not be of the essence of the contract and the Company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed to be a breach of any contract.
10. Title to Goods
(a) Notwithstanding delivery and the passing of risk the property in all the goods delivered by the Company to the Customer shall remain vested in the Company until unconditional payment in full is received and cleared through the Company’s bank account not only for the goods but also for goods and/or services comprised in any other contracts between the Company and the Customer which have been delivered and/or performed but remain unpaid.
(b) Until payment due from the Customer under all the contracts between the Customer and the Company has been so received in full:-
(i) the Customer shall hold upon trust for the Company the goods;
(ii) the Customer shall at all times keep the goods comprehensively insured against normal perils and damage;
(iii) the Customer shall subrogate to the Company any rights it may or will have in respect of insurance monies recoverable for the goods;
(iv) the Customer shall hold the goods as bailee in a fiduciary capacity for the Company and it shall be the responsibility of the Customer to keep the goods
in good condition at its own expense;
(v) the goods shall be held separately from any other assets and be identified as the property of the Company and;
(vi) the Customer shall permit any officer, employee, representative or agent of the Company to enter with or without vehicles onto the Customer’s premises or other site where goods are located and to repossess the goods.
11. Cancellation by the Company
If the Customer shall fail to make any payment when due or enters into any agreement with its creditors, or if, being an incorporated Company, shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if, being an unincorporated Company, shall have a receiving order made against it, or if there shall be any breach by the Customer of any of the terms and conditions herein (or, in the case of Special Print Orders, of any of the Special Print Orders Terms and Conditions), the Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.
The Company reserves the right to cancel or reduce any order in event of being unable for any reason to execute either the whole or part thereof.
Quoted prices for goods ordered which are to be delivered to any part of the mainland of England, Scotland and Wales where the order value exceeds £25 include carriage costs, in respect of orders with a value of £25 or less, a handling charge may be levied. The Company reserves the right not to accept orders with a value below £25. In respect of orders outside England, Scotland and Wales, the Customer will be charged for carriage at cost, in addition to the quoted price.
No claim shall be entertained by the Company unless received by the Company in writing.
Claims arising from damage or partial loss in transit must reach the Company within 3 days from the date of delivery. Claims for non-delivery must reach the Company within 3 days from the date of despatch. All other claims must reach the Company within 3 days from delivery. Damaged goods must be retained for inspection/collection.
Subject to the Unfair Contract Terms Act 1977, and the “requirement of reasonableness” therein, in the event of any claim against the Company in respect
of any matter whatsoever, the liability (if any) of the Company shall be limited to the replacement of the goods sold by the Company in respect of when the
liability (if any) arises only and under no circumstances shall the Company be liable to the Customer or any other party for any consequential loss or damage
15. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company and such variations as the Company
may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, War, Strike, Lock-out, other Labour Dispute,
Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the Company’s control. The Company shall be under no
liability for failures, variations and delays attributable to causes beyond its control.
16. Other Conditions of Sale
By ordering any goods from the Company, the Customer will be deemed to have accepted that these Conditions take precedence over any other conditions contained on or in any letter, acceptance form, receipt or the like received by the Customer in connection with the goods so ordered and that any such other conditions will not form part of the contract between the Company and the Customer for the sale of such goods. For the avoidance of doubt, it is here reiterated that in the case of Special Print Orders, the additional terms and conditions printed on the reverse of the Special Print Order Form do apply and in the case of products specially stocked at the request of the Customer, any additional terms do apply in addition to these Conditions and do form part of the contract for the sale of such goods between the Company and the Customer.
17. Proper Law
These Conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.